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Amendments to Companies Act on the cards

The trade, industry and competition department announced that amendments to the Companies Act are on the cards during a briefing in parliament in a response to the grey listing of South Africa by the Financial Action Task Force (FATF) and the progress on the State …

Provided By Sabinet

Removal of a director by shareholders of a company: reasons not necessarily to be provided

Section 71(1) of the Companies Act, 2008 allows for the removal of a director of a company by the shareholders of that company, by way of an ordinary resolution adopted at a shareholders meeting. Section 71(2) describes the prescribed process that must be followed.…

Provided By Gildenhuys Malatji Incorporated

by Zelmaine van der Westhuizen

The “bad apple” director… How to step back in line or say your goodbyes

Unfortunately, the “bad apple” director is not as fictitious as many companies would like to think. Let me clarify… A director who fails to comply...

by Nicolene Schoeman-Louw

The importance of corporate governance

A practical corporate governance framework is essential for the successful running of a company. It is the system of rules, practices and processes by which...

by Gabriella Keeble

Delving deeper into the territory of derivative actions

A derivative action is an action instituted by a person on behalf of a company to protect the legal interests of a company. It is...

by Batool Hayath

derivative actions

The Removal of Directors and Delinquency Orders under the South African Companies Act

About this publication Removal of Directors and Delinquency Orders under the South African Companies Act is a comprehensive discussion and analysis of the removal of company...

removal of directors

Understanding the concept of a delinquent director

The former South African Airways chairperson, Duduzile Myeni (Myeni), was declared a delinquent director by the provincial division of the Gauteng High Court. Namely, because...

Delinquent directors and the shareholder – Director conundrum

Introduction The Companies Act[1] contemplates two distinct sets of instances in which a person may be declared delinquent, alternatively placed under probation. The wording of section...

by Caitlin Wilde and Paul-Michael Keichel